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HALE v. STATE

53 A.D.2d 1025 (1976)

Philip K. Hale, as Limited Administrator of The Estate of Edith Hale, Deceased, Appellant, v. State of New York, Respondent. (Claim No. 57510.)

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

July 12, 1976

Judgment unanimously affirmed, without costs.

Memorandum:

To maintain an action for injuries or wrongful death sustained while under the care and control of a medical practitioner and/or medical facility, a party may proceed upon a theory of simple negligence or upon the more particularized theory of medical malpractice (Morwin v Albany Hosp., 7 A.D.2d 582, 584-585, and on other grounds 8 A.D.2d 911...

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